General Terms and Conditions of Dhammarts

Issued: 22.05.2018

PREAMBLE

This website is operated by Dhammarts. Throughout the website, the terms “we”, “us” and “our” refer to Dhammarts (hereafter “Dhammarts“ or the “Seller“).

Dhammarts offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our goods/services and agree to be bound by the following General Terms and Conditions (GTC), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These GTC apply to all users of the site, including users who are browsers, vendors, customers, merchants, and/or contributors of content.

The purchase of products on the website is reserved for adult private individuals who are 18 years of age or older, possessing their full legal capacity (hereafter the “Customer”). When placing any order, the purchaser declares in accordance with our General Terms and Conditions. Deviating these GTC requires our written agreement.

PRICES

The prices of products on the site are in Euros (€) that already contain legal taxes according to Régime Micro-Entrepreneur & URSSAF in France. The prices do not include the delivery costs, of which the amount is specified before final confirmation of the order.

In the event of an evident pricing error, which can notably be due to a technical problem, Dhammarts reserves the right not to accept the order.

The products remain totally the property of Dhammarts until full payment of the price.

PRODUCTS

All Dhammarts’ products are handcrafted by artisans who are experts in their own fields. Slight imperfections and subtle variations in color or texture that do not compromise the aesthetics or functionality of the product are normal and truly considered as the charm and uniqueness of our products.

The descriptions of products for sale on the website are purely and simply indicative. The pictures may differ slightly from reality: Despite our efforts to capture our handmade products in natural light to show the truest colors, please be aware of any color differences displayed by individual monitors/screens.

The products for sale are displayed on the website according to their availability, and the offers remain valid for as long as they remain visible on the website.

In the event that a product is no longer available after an order has been confirmed, the Customer is informed rapidly by e-mail and the missing item(s) is/are automatically cancelled and refunded. Dhammarts reserves the right, at any time, to withdraw any product for sale on the website.

PAYMENT

We reserve the right to demand payment in advance. Delivery happens only after the receipt of payment on our bank account.

We offer the following payment methods, which have been proven to be the safest method for suppliers & buyers:

– PayPal (pay with your credit card or your PayPal account)

As the payment process is entirely done through PayPal, Dhammarts has no access to your account or credit card details and does not store any information about your payment in our system.

– direct bank transfer

Please make your payment directly into our bank account within 48 hours and use your Order ID as the payment reference. Your order will be shipped only after the receipt of full payment on our bank account. In case of no payment within the 48-hour deadline, we reserve the right to cancel your order.

The invoices are archived on a reliable and lasting format so as to constitute a faithful and lasting copy.

DELIVERY

Delivery Time

Goods are normally dispatched within 3 working days after receipt of payment and are shipped via the main Parcel Delivery Service called Colissimo of the French Post (La Poste).

In general, your order should reach you within 2-5 working days if you live in France and within 5-10 working days for European Union and Switzerland.

From our own website, we ship only to countries within European Union and Switzerland. For worldwide shipping from France, please visit our Etsy Shop.

Due to the nature of our handmade products, every item is intrinsically unique and comes generally in very limited quantities. If an article temporarily runs out of stock, it may prolong the delivery time for about 14 days. In case of general unavailability of an article, we reserve the right to not deliver it. If so we will inform you immediately.

If for any reason your order is likely to be delayed significantly longer than generally expected, we will let you know by email.

Delivery Costs

Shipping fees include handling and packing fees as well as postage charges PER ADDRESS. Our delivery prices are based on the sum total and the overall weight of your order. Delivery costs are calculated automatically when placing your order online.

For heavy/bulky items, such as zabutons, or items that may be heavy/bulky when ordered in quantity, please contact us through our contact form for a shipping estimate. Those heavy/bulky items require us to calculate the shipping cost and to contact you for your approval prior to delivery. If we do not receive your approval within 2 business days, we will cancel your order.

Customs and Import Taxes

Buyers are responsible for any customs and import taxes that may apply. We are not responsible for delays due to customs.

RIGHT OF CANCELLATION & RETURN POLICY

The Customer has a right of cancellation of 14 days following the date of receipt of the Products, in order to return the product(s) ordered without having to give a reason nor pay penalties, in compliance with Directive 2011/83/EU of 25 October 2011 as transposed.

Despite our utmost efforts to meet your requirements, should you be not entirely satisfied with your purchase, simply return the unused item within 14 days of receiving it with the original receipt. Products returned thereafter can no longer be considered for refund. Postmark date stamping is applicable.

To be eligible for a return, at any time, products must not be used and being in brand new condition as it has been dispatched. Products are considered as unused as long as there are no traces of usage detectable. Moreover, it must be returned undamaged and complete, together with the appropriate accessories and the intact original packaging in an unused and re-saleable condition.

Several items, for example goods made to order or clearly personalised, are exempt from being returned.
You must return the goods to us at your cost and we advise you to insure the goods adequately. If returned products are lost we will not be liable for them. The Customer in this instance is liable for all postage and packing charges.

Returns are only accepted if they are sufficiently stamped. Returns from foreign countries have to be declared clearly as reshipment (tax-free) that no further expenses occur at the French Customs. Otherwise, buyers are liable for customs duties or additional clearance charges.

Upon confirmation of the acceptable state of the returned item, refunds will be then issued in the same method of payment as the original payment. Please note that shipping costs are non-refundable. The reimbursement shall be made within 15 calendar days as from the date of receipt of the products by Dhammarts.

The address to return the item(s) is:

PRIVACY POLICY

Our store is hosted on WordPress and WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products/services to you.

We collect, process and use your personal information exclusively in accordance with the following principles and in compliance with the applicable General Data Protection Regulation (GDPR). We seriously treat all personal information as confidential.

Protection of Personal Data

In principle, we collect and use the personal data of our customers only to the extent necessary to provide a functional website, our content, and our services. Personal information/details we require from you are mandatory for processing transactions.

Dhammarts ensures that your personal information is only used where lawful. Examples of these lawful reasons include our use of your personal information being necessary for the purchase of goods or services, or for compliance with a legal obligation. We might also use the information we have to contact you about any information we might need to process your orders, returns or queries. In certain circumstances, we are obliged to share your personal information for business administration, e.g. your delivery address to shipping companies.

Dhammarts transmits no personal information to third parties for the purposes of prospection.

If the Customer has given prior agreement, he may receive marketing e-mails from which he may unsubscribe, for e-mails, by clicking on the unsubscribe link at the foot of each e-mail received.

In no case does Dhammarts request confirmation by e-mail of the details of the account or those of a bank card. If the Customer receives an e-mail purporting to have been sent by Dhammarts or other third-party companies asking him for such information, he should not reply.

In compliance with the French data protection law of 6 January 1978, modified in 2004, the Customer has a right of access, rectification, deletion and opposition relating to his personal data. To exercise it, he must send a letter to the following address: Dhammarts c/o Rungnapa Leechaianan – 778 Rue de Paris, 01170 Gex, France.

Cookies

Dhammarts does not use cookies in order to enable personal information to be gathered or stored. Nonetheless, cookies can be automatically generated by third-party partners, such as web-hosting service provider and/or online e-commerce platform we use, as part of our website. Dhammarts has no control over this type of cookies, considered as “Strictly Necessary Cookies”, without them the risks of not having access to parts of the website or limiting the functionalities thereof can occur.

“Strictly Necessary Cookies” let you move around the website and use essential features like secure areas and shopping baskets. Without these cookies, services you have asked for cannot be provided. Please note that these cookies do not gather any information about you that could be used for marketing or remembering where you’ve been on the internet. Accepting these strictly necessary cookies is a condition of using the website, if you prevent these cookies, we cannot guarantee your use of our website or how the security on our website will perform during your visit. By continuing to use our website, you are agreeing to our privacy policy.

Most browsers allow cookies as a matter of course. You may, however, adjust your browser to stop it from accepting or storing cookies. In general, internet browsers allow you to change your cookie settings. If you deactivate the cookies the use of individual functions of our website may be limited or prevented, or the website may not be correctly displayed.

Dhammarts uses other social networking sites, like Facebook and Instagram. Please be aware that social networking sites might send cookies. We don’t control the setting of these third-party cookies, so we suggest you check the third-party websites for more information about their cookies and how to manage them.

ADDITIONAL POLICIES

Force Majeure

Dhammarts shall not be liable for the delay in the total or partial execution or non-execution of its obligations, if that is provoked by a force majeure event, notably in the event of perturbation or total or partial strike of the postal services and means of transport and/or communication, floods or fire. Dhammarts shall inform the Customers of a force majeure event, at the latest within 5 working days following its occurrence. Dhammarts shall use its best efforts to inform the Customer, as quickly as possible, of the means of transport for his order during the period affected by the force majeure event.

Liability

To the extent permitted by law, Dhammarts accepts no liability for losses or damages.

Indemnification

The Customer agrees to indemnify, defend and hold Dhammarts harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of his breach of these GTC or the documents they incorporate by reference or violation of any law or the rights of a third-party.

Partial Non-Validity

If one of the provisions of these GTC was considered to be null and void or not binding, the other GTC would remain valid.

Changes to the GTC

Dhammarts reserves the right to change, modify, add to or delete all or part of these GTC, at any time. Any modification to the GTC shall be published on the website. The issuance date shown in the heading of these GTC shall be modified to indicate the date of the latest update. The GTC applicable to an order are those in force as at the date of payment for the order.

Applicable Law & Jurisdiction

These GTC are subject to French law. In the event of a dispute, French courts shall have sole jurisdiction. The Parties undertake, however, to seek an amicable solution before taking any legal action.